CAT/C/38/D/281/2005** Page 2 ANNEX DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Thirty-eighth session Concerning Communication No. 281/2005 Submitted by: Ms. Elif Pelit (represented by counsel) Alleged victim: The complainant State party: Azerbaijan Date of the complaint: 21 September 2005 (initial submission) The Committee against Torture, established under Article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 1 May 2007, Having concluded its consideration of complaint No. 281/2005, submitted to the Committee against Torture on behalf of Ms. Elif Pelit under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Having taken into account all information made available to it by the complainant, his counsel and the State party, Adopts the following decision under article 22, paragraph 7, of the Convention against Torture. 1.1 The complainant is Ms. Elif Pelit, born in 1972, a Turkish national of Kurdish origin, who at the time of submission of the communication was facing deportation from Azerbaijan to Turkey; she claimed that, in case of her forced removal to Turkey, she would risk torture in violation of article 3 of the Convention. She is represented by counsel. 1.2 By Note Verbale of 22 September 2005, the Committee transmitted the complaint to the State party, together with a request, under Rule 108, paragraph 1, of the Committee’s Rules of Procedure from the Special Rapporteur on Interim Measures not to deport the complainant to Turkey, while her complaint is under consideration. On 1 December 2005, the State party informed the Committee that it would not deport the complainant, pending the Committee’s final decision. Notwithstanding, on 13 October 2006, the State party extradited

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